These Terms of Service (the “Terms”) govern your access to and use of the websites, applications, software, simulations, recordings, transcripts,analytics, outputs, content, tools, features, and related services made available by Vysa (“Vysa,” “we,” “us,” or “our”) (collectively, the“Services”).
By accessing or using the Services, or by clicking to accept these Terms,you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Services.
Vysa provides an AI-powered platform designed to help users prepare for various communication scenarios through simulations, practice tools, transcript tools,recordings, scoring, analytics, readiness feedback, and related features. The Services may include simulations relating to, but not limited to: immigration,employment, and travel matters, such as, visa interviews, green card interviews, naturalization interviews, interactions with agencies such as CBP, ICE, USCIS, Department of State, Department of Labor, site visits, workplace immigration interactions, compliance-readiness exercises, and related preparation scenarios.
The Services are provided for informational, educational, and preparation purposes only.
Vysa is not a law firm and does not provide legal advice, legal representation, legal opinions, or legal services through the Services. Your use of the Services, including any simulation, transcript, recording, score,flag, recommendation, output, or communication generated through the Services, does not create an attorney-client relationship, fiduciary relationship,consulting relationship, or other professional relationship between you and Vysa or between you and any attorney associated with Vysa.
You are solely responsible for evaluating whether to rely on any information or output generated through the Services. You remain solely responsible for all immigration, legal, employment, compliance, and practical decisions you make,including any statements you make in any real interview or interaction, any filing you submit, any document you upload or disclose, and any action you take based on the Services.
Vysa is not responsible for denials, delays, refusals, Requests for Evidence, Notices of Intent to Deny, findings of inadmissibility, removability consequences, site-visit outcomes, compliance findings, workplace enforcement actions, or any other government, employer, law-firm, or third-party action or result.
Vysa is an AI based simulator, and therefore provides you with an opportunity to practice interview skills in a simulation or context based on information you provide to the AI simulator. As such, each simulation is a hypothetical session meant for informational, educational, and preparedness purposes only. Vysa does not advise as to you what to say and not say in an actual interview. You understand that you must be honest and forthright in all your interviews and interaction with any governmental agency, and not doing so can carry severe consequences or penalties.
We encourage you to seek legal advice from a qualified and licensed attorney regarding any legal matter.
You may use the Services only if:
1. you are capable of forming a binding contract with Vysa;
2. you are not prohibited from using the Services under applicable law; and
3. you comply with these Terms.
The Services are offered only to individuals who are 18 years of age or older. By accessing or using the Services, you represent and warrant that you are at least 18 years old. If you are under 18, you may not access or use the Services without the consent and supervision of an adult. Need a way for parents to sign up as co-signers, and bind them, including for indemnification for actions of the minors.
If you use the Services on behalf of a company, employer, law firm,educational institution, governmental agency, or other entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” includes both you and that entity.
You may be required to create an account to access some or all of the Services. You agree to provide accurate, current, and complete information and to keep that information updated.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized access to or use of your account or any other known or suspected security incident involving your account.
Subject to your compliance with these Terms and payment of all applicable fees, Vysa grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable access period solely for your internal lawful use.
No right, title, or interest in or to the Services is transferred to you.All rights not expressly granted are reserved by Vysa and its licensors.
The Services may be offered on a credit-based basis. You may purchase credits, credit packs, or promotional access that permit a specified amount,type, or duration of usage of the Services, as described at the time of purchase.
Credits may be consumed based on usage, time, feature access, simulations,recording length, transcript generation, or other usage metrics as described by Vysa from time to time.
Unless Vysa expressly states otherwise in writing at the time of purchase, purchased credits expire in two years from the date of purchase. Credits are non-transferable.
Unless Vysa expressly states otherwise at the time of purchase, purchases are not recurring subscriptions and do not automatically renew.
By submitting payment information, you authorize Vysa and its payment processors to charge the applicable purchase price, taxes, and any other disclosed amounts to your selected payment method.
Except where required by applicable law, all purchases of simulations, bundles, credits, credit packs, promotional access, and related Services are final, non-cancelable, nonreturnable, and nonrefundable because access to the applicable digital Services and content is made available immediately upon purchase.
Credits, minutes, purchases have no cash value, are not legal tender, are not redeemable for cash, and are non-transferable unless Vysa expressly permits otherwise in writing.
Vysa may offer promotional pricing, free trials, coupons, launch pricing,annual discounts, bulk discounts, or other special pricing or access terms from time to time. Any such offer may be modified, suspended, or discontinued at anytime and may be subject to additional terms.
You are responsible for all sales, use, value-added, withholding, and similar taxes associated with your purchases, except taxes based on Vysa’s net income.
“User Content” means any prompt, answer, response, document, form,explanation, message, transcript, audio, video, image, text, profile information, upload, recording, submission, or other information or material that you input, upload, record, submit, transmit, or otherwise make available through the Services.
As between you and Vysa, and subject to the rights granted by you in these Terms, you retain whatever ownership rights you may have in your User Content.
You hereby grant Vysa and its affiliates, sub-processors, hosting providers,model providers, analytics providers, transcription providers, payment processors, contractors, vendors, service providers, successors, assigns, and designees a worldwide, non-exclusive, royalty-free, fully paid-up,transferable, sub-licensable, irrevocable license to host, store, reproduce,copy, process, transmit, display, perform, distribute, publish, reformat,excerpt, translate, adapt, modify, create derivative works from, analyze, use,and otherwise exploit User Content for any business purpose related to the Services or Vysa’s business, including to:
1. provide,operate, maintain, support, troubleshoot, secure, monitor, and improve the Services;
2. generate,review, and deliver simulations, transcripts, recordings, scores, flags,analytics, and outputs;
3. develop,train, fine-tune, evaluate, benchmark, validate, monitor, and improve models,algorithms, analytics systems, scoring systems, simulations, safety systems, services,and related technologies;
4. detect fraud, abuse, threats, policy violations, and security incidents;
5. comply with law, regulation, subpoena, legal process, or governmental request;
6. enforce these Terms, and for other legitimate business purposes;
7. protect the rights, property, and safety of Vysa, its users, and third parties; and
8. conduct internal research, testing, quality assurance, product development, and other internal business purposes.
This license survives termination of your account or these Terms.
Vysa may create, collect, derive, use, retain, disclose, commercialize, and other wise exploit de-identified, anonymized, aggregated, statistical,model-informed, transformed, benchmark, telemetry, usage, derivative, and other data, features, patterns, learnings, analytics, embeddings, parameters,weights, evaluations, improvements, and related materials created from or based on User Content, outputs, account activity, or use of the Services (“Derived Data”). To the maximum extent permitted by law, Derived Data is exclusively owned by Vysa.
Vysa also owns all right, title, and interest in and to usage data, logs,operational data, telemetry, product interaction data, and similar data generated through operation of the Services.
As between you and Vysa, Outputs generated by the Services are licensed, not sold. Subject to your compliance with these Terms, Vysa grants you a limited,revocable, non-exclusive right to use Outputs generated for you through the Services for your internal personal or business preparation purposes only.
You are not authorized to publish the output you generate from the Services,including but not limited to video, audio, transcripts, scoring, and results ina public forum (including, but not limited to, social media, online, internet, video-sharing, etc.).
Except as expressly stated in our Privacy Policy, any applicable data-processing terms, or a separate written agreement signed by an authorized representative of Vysa, Vysa does not undertake any duty of confidentiality,non-use, or non-disclosure with respect to User Content, and no fiduciary,professional, implied, or special confidential relationship is created by your use of the Services.
You are solely responsible for deciding whether to submit any sensitive,confidential, proprietary, regulated, or legally protected information through the Services. You should not upload or submit any information you do not want processed as described in these Terms and our Privacy Policy. Nothing in these Terms shall be construed as creating any obligation on Vysa to determine whether any data submitted through the Services is subject to any bio-metric, privacy, employment, recording, or similar law.
You acknowledge and agree that the Services may record, capture, process,analyze, transmit, and store audio recordings, video recordings, transcripts,timestamps, prompts, responses, delivery patterns, pacing indicators,confidence-related indicators, facial-expression analysis, body-language analysis, voice-related analytics, behavioral signals, and similar interaction data to the extent permitted by applicable law.
You consent to such recording, capture, transcription, storage, analysis,processing, transmission, and reuse in connection with the operation,provision, support, security, improvement, and development of the Services and the exercise of Vysa’s rights under these Terms.
Vysa does not provide the Services as an identity-verification or bio-metric-identification system and does not represent that the Services create or use fingerprint templates, face-geometry scans, iris or retina scans, or voice prints for identity matching. However, certain jurisdictions may regulate some audio-, video-, image-, voice-, or behavior-derived analytics differently,and you are solely responsible for determining whether your use of the Services requires any notice, consent, authorization, release, or other compliance step under applicable law.
To the extent any applicable law requires notice, consent, authorization, or release from any individual whose voice, image, likeness, personal information,or other data is uploaded, recorded, or submitted to the Services, you are solely responsible for obtaining all such permissions before submission.
You represent, warrant, and covenant that:
1. you own or control all rights necessary to submit User Content and grant the rights granted under these Terms;
2. your User Content and use of the Services will not infringe, misappropriate, or violate any intellectual property, privacy, publicity, confidentiality,employment, contractual, or other rights of any person or entity;
3. your User Content and use of the Services will not violate any law, rule,regulation, or court order;
4. you will not upload content or enable recordings unless you have all rights,permissions, notices, consents, and authorizations required under applicable law and contract;
5. you are not, or nor are you accessing the Service on behalf of a competitor of Vysa,directly or indirectly;
6. you will not use the Services as a substitute for legal advice or professional judgment;
7. any information you provide will not be intentionally false, fraudulent, or misleading in a manner that could expose Vysa to legal, regulatory, or reputational harm; and
8. if you are using the Services in connection with an employer, law firm, client,applicant, employee, spouse, child, beneficiary, petitioner, or any other third-party, you have all required rights and permissions to do so, and you represent and warrant that you have obtained their consent to be bound by these Terms.
You may not, and may not permit any third party to:
1. access or use the Services except as expressly authorized by these Terms;
2. reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code, underlying structure, prompts, model behavior, model weights, parameters,or algorithms from the Services;
3. copy,reproduce, republish, modify, adapt, create derivative works of, sell, resell,lease, license, sub-license, distribute, or otherwise exploit the Services except as expressly authorized;
4. access the Services to build, train, improve, benchmark, validate, compare, market, or support any competing product or service;
5. use any output, transcript, recording, or other material from the Services to train or improve any artificial intelligence or machine learning system other than Vysa’s systems;
6. scrape, crawl, harvest, mirror, frame, or use any robot, spider, bot, or automated means to access the Services or extract data;
7. bypass or attempt to bypass any seat, account, access, rate, usage, or technical limitations or protections;
8. upload or transmit viruses, malware, trojans, spyware, worms, or other harmful code;
9. interfere with or disrupt the Services or the servers, systems, or networks connected to the Services;
10. use the Services in connection with any unlawful action, including unlawful discrimination, unlawful surveillance, unlawful employment practices, unlawful immigration practices, harassment, retaliation, abuse, or deception;
11. upload or submit any unlawful, infringing, defamatory, fraudulent, invasive, sexually exploitative, abusive, or otherwise objectionable content;
12. impersonate any person or entity or misrepresent your affiliation with any person or entity;
13. publish any benchmark, comparative test, or performance evaluation relating to the Services without Vysa’s specific prior written consent; or
14. encourage,assist, or enable any other person or entity to do any of the foregoing.
The Services, including all software, code, models, prompts, workflows,simulations, outputs, transcripts, designs, interfaces, text, graphics, audio,video, scoring logic, evaluation methods, branding, trademarks, logos, AI agents, and all related intellectual property rights, are and shall remain the exclusive property of Vysa and its licensors.
Nothing in these Terms transfers to you any ownership interest in the Services or any Vysa intellectual property.
If you provide any suggestion, idea, recommendation, enhancement request,correction, comment, or other feedback relating to the Services (“Feedback”), you grant Vysa a worldwide, perpetual, irrevocable, transferable,sub-licensable, royalty-free, fully paid-up right and license to use, copy,modify, disclose, publish, distribute, commercialize, and otherwise exploit such Feedback for any purpose without restriction, attribution, or compensation to you. To the extent any rights in Feedback cannot be licensed, you hereby assign them to Vysa.
The Services may rely on or interoperate with third-party services, model providers, hosting providers, analytics providers, payment processors,transcription vendors, support vendors, APIs, or other third-party systems.Vysa may send, disclose, or make available User Content and related data to such third parties as necessary or useful to operate, provide, maintain,improve, secure, support, and develop the Services and related business functions.
Vysa is not responsible for any third-party service or for any failure,delay, inaccuracy, data loss, or other issue caused by any third-party provider.
Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, disclose, retain, and otherwise process personal information. For the avoidance of doubt, the Privacy Policy does not limit any rights, licenses,consents, waivers, disclaimers, or other provisions set forth in these Terms,except to the extent a separate written agreement signed by an authorized representative of Vysa expressly provides otherwise.
Vysa may suspend, restrict, or terminate your access to any or all of the Services, with or without notice, at any time and in its sole discretion,including if Vysa believes:
1. you violated these Terms;
2. your use creates legal, regulatory, reputational, security, or operational risk;
3. your use may expose Vysa, its users, or any third party to harm or liability;
4. suspension is necessary for maintenance, security, investigations, abuse prevention, or legal compliance; or
5. in Vysa’s sole discretion, the continued provision of the Services is no longer legally,commercially or technically feasible in your area.
Upon termination, your right to use the Services immediately ceases. Vysa may delete, disable access to, retain, or continue to use User Content,backups, logs, Derived Data, and related materials as permitted by these Terms,the Privacy Policy, or applicable law.
Vysa may modify, suspend, discontinue, or change any part of the Services at any time, with or without notice, including features, functionality,simulations, outputs, pricing, credit consumption rules, and availability.
The Services may generate prompts, simulations, transcripts, scores, flags,recommendations, assessments, explanations, reports, suggestions, coaching points, or other outputs (“Outputs”) using automated systems.
Outputs may be based on a multitude of factors, including but not limited to user inputs, real-world data, practices and events, software and AI models, and other information. Outputs may be hypothetical, inaccurate, incomplete, biased,generic, inconsistent, misleading, outdated, or inappropriate for your circumstances. Vysa does not represent or warrant that any Output reflects the actual views, law, regulations, practices, procedures, standards, or decision-making of any government officer, adjudicator, agency, employer, law firm, or third party, or that use of the Services will improve any real-world result.
Any score, flag, recommendation, or simulation logic is an automated hypothetical product feature and not a professional judgment, legal conclusion, or prediction of any real-world outcome.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, OUTPUTS,RECORDINGS, TRANSCRIPTS, SCORES, ANALYTICS, CONTENT, FEATURES, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
VYSA AND ITS AFFILIATES, LICENSORS, VENDORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, AVAILABILITY,SECURITY, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WITHOUT LIMITING THE FOREGOING, VYSA DOES NOT WARRANT THAT:
1. THE SERVICES OR OUTPUTS WILL BE ACCURATE, COMPLETE, CURRENT, OR SUITABLE FOR ANY LEGAL, IMMIGRATION, EMPLOYMENT, COMPLIANCE, OR OTHER PURPOSE;
2. ANY SIMULATION WILL MATCH A REAL-WORLD INTERVIEW OR INTERACTION;
3. ANY USE OF THE SERVICES WILL IMPROVE PERFORMANCE OR OUTCOMES; OR
4. ANY DATA, RECORDING, TRANSCRIPT, OR USER CONTENT WILL BE IMMUNE FROM LOSS,INTERCEPTION, DELAY, OR UNAUTHORIZED ACCESS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VYSA OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS,VENDORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF VYSA AND ITS RELATED PARTIES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
1. ONE HUNDRED U.S. DOLLARS (US $100); OR
2. THE AMOUNT PAID BY YOU TO VYSA FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify, and hold harmless Vysa and its affiliates,officers, directors, employees, contractors, licensors, vendors, successors,and assigns from and against any and all claims, demands, actions, proceedings,liabilities, damages, losses, judgments, settlements, penalties, fines, costs,and expenses, including reasonable attorneys’ fees, arising out of or relating to:
1. your User Content;
2. your use of the Services;
3. your actual or alleged breach of these Terms;
4. your violation of any law, regulation, or third-party right;
5. your failure to obtain required consents, notices, or permissions;
6. any employment, privacy, publicity, recording, immigration, or data-protection claim arising from your use of the Services; or
7. any decision, representation, or action you take in reliance on the Services or any Output.
Vysa reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully.
These Terms and any dispute, claim, or controversy arising out of orrelating to these Terms or the Services shall be governed by the laws of theState of Nevada, without regard to conflict-of-law principles.
You and Vysa agree that any action arising out of or relating to these Terms or the Services shall be brought exclusively in the state courts located in Clark County, Nevada, or the United States District Court for the District of Nevada, Las Vegas Division, and each party irrevocably submits to the exclusive jurisdiction and venue of those courts. You and Vysa agree to waive your right to a jury trial.
You acknowledge that any actual or threatened breach of these Terms relating to intellectual property, confidentiality-related restrictions, misuse of the Services, competitive use, scraping, disparaging remarks, data usage, or unauthorized access may cause irreparable harm to Vysa for which monetary damages may be inadequate. Vysa may seek injunctive, equitable, or other relief in any court of competent jurisdiction without posting bond or proving actual damages.
You may not use, export, re-export, or otherwise transfer the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained or are used. You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive U.S. embargo, and that you are not on any applicable U.S. restricted-party list.
Vysa may modify these Terms from time to time. Updated Terms will become effective when posted or otherwise communicated by Vysa, unless a later effective date is specified. Your continued use of the Services after the effective date of updated Terms constitutes your acceptance of the updated Terms.
These Terms and the Privacy Policy constitute the entire agreement between you and Vysa regarding the Services unless superseded by a separate written agreement signed by an authorized representative of Vysa.
If any provision of these Terms is held invalid, illegal, or unenforceable,the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
No waiver by Vysa of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision, and any failure by Vysa to enforce any right or provision shall not constitute a waiver.
You may not assign, delegate, or transfer these Terms or any rights or obligations under these Terms without Vysa’s prior written consent. Vysa may assign, delegate, or transfer these Terms freely, including in connection with a merger, acquisition, financing, reorganization, sale of assets, other business venture, or by operation of law.
Any provision of these Terms that by its nature should survive termination shall survive, including provisions relating to licenses, User Content, Derived Data, payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, governing law, venue, injunctive relief, non-disparagement,and miscellaneous terms.
TTo the fullest extent permitted by law, you agree not to at any time make,publish, or communicate to any person or entity or in any public forum (including, but not limited to, social media, internet, online), directly or indirectly, any defamatory or disparaging remarks, comments or statements concerning the Vysa, the Services, or any of its businesses, operations,assets, products, services, practices, shareholders, lenders, actual or prospective investors, directors, officers, employees, consultants or independent contractors.
The headings contained in this Agreement are for convenience of reference only andshall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
Questions regarding these Terms may be directed to:
Vysa
mail@vysa.ai